In the USA, trademark priority is established by use, or sometimes by filing date of a registration. However, registration is completely optional, so you would need to run a "clearance" search for your (alternative selection) brand to include not just registrations but ANY use by others if the brand or similar brand in related fields. Federal and state registries are a good starting point, including company names (trade names) and domain names (internet address identifiers), even though trade names and domain names are not, in fact, "trademarks" unless ALSO used as trademarks (like Amazon.com).
For instance, "BLACKLIST" and "BLACKLIST APPAREL" would be considered "legally identical" as the combination of a distinctive word with a descriptive word for the same goods. OTOH, "BLACKLIST" brand cookie dough might be more difficult call.
Also, FWIW, the fact that a REGISTRATION has been abandoned is not necessarily a good measure of whether the applicant/registrant still claims to own the proprietary brand of that registration. Like the WASHINGTON REDSKINS, the brand continues to be enforceable in state or federal courts (in the USA) even with a canceled, denied or abandoned registration.
Did you try Googling it, plenty of people appear to be operating under the name:
https://myspace.com/blacklist_apparel
http://www.pinterest.com/shopblacklist/
He has the domain name blacklistapparel.com but not using it
http://www.zazzle.com/blacklist+mens+clo...
Here's one case where the trademark was abandoned in 2011
http://trademarks.justia.com/852/09/blac...
You would probably want to start with a trademark search here:
USPTO.gov
Alright, I'm starting a little clothing line just because I have cool ideas for clothes that nobody is doing, basically I love designing clothes and I just want to wear the clothes I make and if people want to buy them then cool, if not then cool :) But regardless I want everything to be official, The name I picked out is "Blacklist" that's trademarked though but I was wondering would I be able to name my brand "Blacklist Apparel" and get that trade marked or no?
